S.B. 166 Enrolled

GRANDPARENTS VISITATION RIGHTS
2000 GENERAL SESSION
STATE OF UTAH
Sponsor: Terry R. Spencer
AN ACT RELATING TO GRANDPARENTS; CLARIFYING GRANDPARENTS' STANDING
TO BRING AN ACTION IN DISTRICT COURT; MODIFYING THE DEFINITION OF
GRANDPARENT; CHANGING THE STANDARDS FOR REBUTTING PRESUMPTION
REGARDING A PARENT'S DECISION; MAKING CERTAIN PROVISIONS FOR
STEPPARENT ADOPTIONS; AND PROVIDING THAT UNDER CERTAIN
CIRCUMSTANCES GRANDPARENTS MAY HAVE A PRESUMPTION FOR CONTINUED
COURT-ORDERED VISITATION AFTER A GRANDCHILD HAS BEEN ADOPTED OR
PARENTAL RIGHTS HAVE BEEN TERMINATED.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
30-5-1, as last amended by Chapter 175, Laws of Utah 1992
30-5-2, as last amended by Chapter 104, Laws of Utah 1998
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 30-5-1 is amended to read:
30-5-1. Definitions.
As used in this act:
(1) "District court" means the district court within whose jurisdiction the grandchildren
reside.
(2) "Grandchildren" means the child or children that a grandparent is seeking visitation
rights with under this chapter.
(3) "Grandparent" means a person whose child, either by blood, marriage, or adoption, is
the parent of the grandchildren.
Section 2. Section 30-5-2 is amended to read:
30-5-2. Visitation rights of grandparents.
(1) Grandparents have standing to bring an action in district court requesting visitation in

accordance with the provisions and requirements of this section.
[(1)] (2) The district court may grant grandparents reasonable rights of visitation, if it is in
the best interest of the grandchildren, in cases where a grandparent's child has died or has become a
noncustodial parent through divorce or legal separation.
[(2)] (3) In cases other than those described in Subsection [(1)] (2), a grandparent may
petition the court for reasonable rights of visitation with a grandchild. The court may enter an order
granting the petitioner reasonable visitation rights in accordance with the provisions and requirements
of this Subsection [(2)] (3). There is a presumption that a parent's decision with regard to
grandparent visitation is reasonable. The court may override the parent's decision and grant
reasonable visitation rights to a grandparent if it finds that:
(a) it is in the best interest of the grandchild;
(b) the petitioner is a fit and proper person to have rights of visitation with the grandchild;
(c) the petitioner has repeatedly attempted to visit the grandchild and has not been allowed
to visit the grandchild as a direct result of the actions of the parent or parents;
(d) there is no other way for the petitioner to visit the grandchild without court intervention;
and
(e) the petitioner has[, by clear and convincing evidence,] rebutted the presumption that the
parent's decision to refuse or limit visitation with the grandchild was reasonable.
[(3) Adoption] (4) (a) There is a presumption that adoption of a child, voluntary or
involuntary termination of parental rights, or relinquishment to a licensed child placing agency
terminates all rights of a [biological] grandparent to petition for visitation under this section. That
presumption may be rebutted if the court finds that a child has established a relationship with the
grandparent, and that the child's continued contact with the grandparent will be in the best interest
of the child.
(b) Nothing in this Subsection (4) affects visitation rights of a grandparent that have been
ordered by a court pursuant to this section, if the grandchild is adopted by the grandchild's stepparent.
[(4)] (5) Grandparents may petition the court as provided in Section 78-32-12.2 to remedy
a parent's wrongful noncompliance with a visitation order.

- 2 -

- 3 -